Date Received: 2016-10-20
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am a XXXX person, Ocwen loan servicing transferred this loan portfolio since XXXX XXXX XXXX from GMAC in bankruptcy Court. That court 's findings verified & ruled negotiated XXXX modification contract breached, valid, dozens of undue payments & charges & fees. Based on such Ocwen was required to comply but not doing so forced action which I handled for about two years. In requesting Ocwen to comply, Ocwen required undue payments, a un-requested loan payoff & after court overruled Ocwens demurrers & denied summary adjudications, Ocwen now has denied me monthly statements since XXXX XXXX. Ocwen was submited undue charges, fees, placing loan in past due status, sent unrequested loan payoff. now in choosing to litigate issues ruled breached by both bankruptcy & superior court asserts errors in XXXX modification. This caused XXXX of dollars in costs as I rely on Soc. Sec. XXXX I chosed contacting the cfpb & going over Ocwen Consent Order sections pertaining to charges, undue fees, monthly statements & errors on contract drawn by lenders, they still are have not provided monthly statements since XXXX XXXX, where I can see how payments are applied, escrow, insurance, fees etc. the response has been that loan is in litigation that why no statements has been or will be issued. I must emphasized there is still 17 years on my loan. by cfpb mentions these were the same reason why Consent Order was entered against Ocwen, to prevent this from happening again. Ocwen says it 's bank policy not to provide monthly statements if loan is litigated, but I did not see any exceptions on consent Order. How will I verify how payment is being applied with past history of undue charges?. My lop-top computer is not working so I can not go on line. Ocwen 's still do not want to issue statements. in addition upon placing loan in past due status, I have had to certify monthly payments which adds an additional charge which do not have to be. I understand that borrowers are supposed to correct all issues concerning loan charges, fees, within a quarter period. in addition, lenders can not claim errors on modifications per Consent Order sections. claiming errors, blaming customers for such it is outrageous, & using above excuses in retaliation is even more. once confirmed by cfpb officials complaint had merit I now make this declaration. I have evidence of undue payments fees & charges & un-requested loan payoff, bankruptcy court ruling minutes, ruling & order & superior court rulings of breaches and overruled demurrers available upon agency 's request. I have had several XXXX XXXX including a XXXX caused by these problems.
Company Response:
State: CA
Zip: 92831
Submitted Via: Web
Date Sent: 2016-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-10-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen has filed a blatantly false response to this Bureau, in fact when we received a notice of news paper filing of foreclosure from the law firm of XXXX and XXXX in a single page letter, we filed a cease and desist letter in response demanding any and all paperwork, letters, previous notices, or any other related material in which they claim to have to establish standing, all they sent was a copy of deed of trust and various assignments of loan servicers. none of the paperwork received was any letters that Ocwen now claims they sent to us and has reported to this Bureau. also we filed a complaint in XXXX XXXX and within Ocwens responsive pleadings and exhibits nowhere was any letters filed, as they now claim, this is a material fact. the only papers filed as exhibits where deeds of trust and assignments of loan servicers, which is the exact same paperwork as XXXX, a material fact. an now Ocwen has filed with this Bureau chronological letters in which they claim they sent to us. this claim by Ocwen is a blatant falsehood and shocks the conscience and shows the length in which Ocwen will go to deceive and commit fraud. Ocwen never sent these letters because they did not exist, Ocwen and their attorneys fabricated these letters that all-a-sudden they provided this Bureau with these fabricated letters of fraud and deception and should be held in contempt of the Decree in which they entered. these are the exact types of deceit and fraud by Ocwen as Director XXXX XXXX described
Company Response:
State: MS
Zip: 39211
Submitted Via: Web
Date Sent: 2016-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-19
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I filed a rescission to my mortgage lender years ago, along with the XXXX screen shots that showed that my signature released the credit to the bank, the BANK WAS NOT THE LENDER I was! Henceforth they breached TILA, Truth in Lending Act. When the bank foreclosed, I supplied all internal documents and also showed that the banks never responded to any of my actions or my mortgage documents. Then in their eye 's, upon 90 day 's after I defaulted, the bank was paid 60x times the value by the insurance company! Yes, for each XXXX the bank got {>= $1,000,000}. Rescission enforcement TILA and Reg Z Its effect is to immediately unencumber the property from any claims of lien or mortgage and any claim on the note which is void and must be returned marked " cancelled ''. XXXX XXXX If the parties collecting or enforcing the loans really have a right to do so they may demonstrate that in court by filing a lawsuit to set aside the rescission based upon any factual grounds they wish to raise, applying the rules of the TILA statutory scheme for rescission. But if they do n't do that within 20 days they waive their defenses. AND if they do n't comply with TILA by returning the canceled note, filing a satisfaction of mortgage and returning all money paid by borrower, then they are barred from making even an unsecured claim for " damages. '' The action to enforce rescission would essentially consist of an allegation that the notice was sent, it has been more than 20 days since the notice was sent, and therefore the parties claiming to be creditors owe ( 1 ) return of canceled note, ( 2 ) filing a satisfaction of mortgage and ( 3 ) return of all money paid by borrower since the inception of the allegedLOANDescription XXXX XXXX contract. We will refuse to get into an argument about whether the rescission should have been sent. THAT is something that the parties would have had to allege in a lawsuit against the borrower ( s ) to set the rescission aside. According to TILA, Reg Z and the XXXX Court ( XXXX decision ) the rescission IS effective ( by operation of law ) the moment it is put in XXXX Mail. The borrower does not have to be right to send it. THAT issue is left to theBANKSDescription : XXXX : XXXX and servicers to allege in a lawsuit to vacate the rescission. And they must do so within 20 days. All issues that are confusing everyone -- statute of limitations, purchase money first mortgage, etc. are questions of fact that need to be raised by the other side. They can not do so after 20 days. We would move to strike those defenses when raised in our lawsuit to enforce rescission. There are dozens of lawyers across the country that agree with my interpretation of the TILA rescission statutes and who are filing these rescission enforcement actions. In some cases, XXXX has agreed that the rescission is effective and even agreed that the original payee was not the lender. That is an interesting juxtaposition of theories. Because if there was no funding by the payee on the note ( " lender '' ) then there is no loan contract. If there is no contract, there is nothing to rescind. But the rescission under TILA might still apply as to the note and mortgage and the right to obtain disgorgement of money paid by borrower might be partially blocked by the standard statute of limitations governing contract disputes or the statute regarding tort actions. It sounds weird, I know. But the fact is that XXXX specifically decided that the act of the borrower in sending a notice of rescission cancels theLOANDescription : XXXX XXXX and Reg Z ( Federal Reserve ) says that by operation of law that means the note and mortgage become void as of the date of mailing.
Company Response:
State: NJ
Zip: 078XX
Submitted Via: Web
Date Sent: 2016-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage company ( Ocwen ) did not pay my flood policy which had cause my flood policy to elapse. I had contacted them several times before my policy had elapse in which they had stated that need to research what happen. I also called them with my insurance company ( XXXX ) on the phone which had confirmed with them that a statement was sent twice and the policy still was not paid. Ocwen representative had stated that they will issue a payment. The next month I contacted my insurance company to make sure that the policy was paid and was told that not only was my policy not paid, but now had elapse. Since I am required to have flood insurance I had to have another policy made. The new policy was significantly higher then my last policy. It went from around {$540.00} a year to {$3800.00} per year. This new policy had caused an escrow shortage which in return cause my mortgage to increase. My insurance company had explain to me and the Ocwen representative that had my policy been renewed prior to it being elapse that my policy would had remain at the {$540.00} per year. Ocwen told me that they would reimburse me the difference. This was about eight moths ago. Every time I call they give me the run around saying that at first they lost my account number to it will take 30 days. It have been well over eight months. The last time that I 've spoken to a Ocwen representative was on XX/XX/2016. I 've spoken to a supervisor from their insurance department name XXXX XXXX. XXXX XXXX told me again that they will need another 30 days. I called them back today ( XX/XX/2016 ) and was told that they was still working on it. When I requested to speak with the supervisor again the representative stated that " there nothing that the supervisor can do the she ca n't ''. She then continue to deny me to speak with a supervisor. In all my mortgage payment had increased twice this year for a total of about {$450.00} for Ocwen refusal to pay me flood insurance.
Company Response:
State: NJ
Zip: 078XX
Submitted Via: Web
Date Sent: 2016-10-21
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-10-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen loan servicing has not given a account statements monthly ( none to date ) falsely reports on my credit report and is keeping payments in suspense. Multiple contact with this company in ref to these items, goes unchanged.
Company Response:
State: MI
Zip: 484XX
Submitted Via: Web
Date Sent: 2016-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My original lender was XXXX XXXX and on or about XX/XX/2012, the mortgage was transferred to Ocwen without any knowledge to us the home owners. With XXXX we were in the process of getting approved for a permanent modification and everything went down hill from there. We made the trial payments to XXXX Mortgage and I sent the 3rd, 4th, and fifth payment was not ever cashed by XXXX. As I noticed that the checks were not deposited by XXXX, I decided to call and inquire as to why they did not cash the checks. We were told that the mortgage is no longer with XXXX and that it was transferred and sold to Ocwen Mortgage company. We had not received any notices to inform us that we needed to deal with Ocwen now. I finally found Ocwen 's number and I kept calling XX/XX/2012 to see what my status was and what was going on with the modification. They did not have any information from XXXX nor did they say that I was under the modification trial and awaiting a response. I have attempted several time to modify my loan each time I was given the run around and now the debt has accumulated over time. We were given misleading information regarding the loan that had been transferred from XXXX. They have failed to provide accurate and timely information to us while we sought information about loss mitigation services, including loan modifications. They misrepresented that loss mitigation programs would provide relief from the initiation of foreclosure or further foreclosure efforts ; providing false or misleading information about the status of the loss mitigation review, including while referring loans to foreclosure, provided false or misleading information about the status of foreclosure proceedings while we were pursuing a loss mitigation alternative offered by the Servicers. I assume that they failed to properly calculate the eligibility for loan modification programs and improperly denying loan modification relief to eligible borrowers ; failing to properly process borrowers ' applications for loan modifications, including failing to account for documents submitted by borrowers and failing to respond to borrowers ' reasonable requests for information and assistance, and as a result, denying loan modifications to us thinking all that time that we were eligible, they provided false or misleading reasons for denial of loan modifications, with respect to transferred loans, failing to honor in-process trial modifications agreed to by prior servicers in this case from XXXX who was our previous servicer. It has been a difficult time for us in the past and now that we are getting to a point where we can afford payments Ocwen refuses to speak to us or return our calls and when they do, we are given to other representatives where we leave messages but never get any calls from them. I am afraid that the property may have been sold under our nose and or put in foreclosure and we were not given the opportunity to attempt any chances of saving our home. I googled the home and other owners have been named and the address for the loan is different from the address of my home. I have attached some documents for your review as well to verify our claim.
Company Response:
State: NY
Zip: 10950
Submitted Via: Web
Date Sent: 2016-10-19
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My father XXXX in 2009 and I assumed his mortgage loan thru Ocwen Loan Servicing, XXXX XXXX XXXX, FL XXXX, since I own the property. The statement have come in my name since the assumption but I notice that the last XXXX have been changed back into my father 's name. When I contact them, I am told that I am not authorized on the loan therefore they can not discuss anything with me. I have spoken with XXXX different individual. Only XXXX did a little research and found that the statements were coming in my name but would not explain why or how the account was put back into my father 's name. He also advised that he needed a couple of days to correct the mistake and would call back on last Friday. He told me not to call anyone else because XXXX or more people trying to handle the situation would only complicate things. I tried calling him back at the number he gave as his direct line but it goes straight to a voicemail. I have tried to speak with supervisors etc ... but was told they are busy or that I could write a letter to a XXXX for help. I asked for a number to the assumption dept but was told that I could not speak directly to that department, another thing that has changed since 2009. Please help with any assistance.
Company Response:
State: GA
Zip: 30274
Submitted Via: Web
Date Sent: 2016-10-18
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-18
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: Ocwen removed remarks from the optional remarks section of my credit reports and my scores went up. Today I received a notice from XXXX XXXX that Ocwen was once again adding the score lowering remark. This is blatant credit score manipulation. Ocwen is engaging in tactics far more damaging than XXXX XXXX ever imagined possible. Please investigate this ongoing credit score manipulation which allows Ocwen to trap homeowners, force them to remain with Ocwen rather than refinance at better rates via credit score manipulation. My credit score drops every time Ocwen does this and they do it every month.
Company Response:
State: CA
Zip: 90710
Submitted Via: Web
Date Sent: 2016-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I bought a home in XX/XX/XXXX with my spouse. In XX/XX/XXXX my wife XXXX and I applied for assistance from HUD. I had a forbearance agreement with and completed it. In XX/XX/XXXX, Ocwen purchased the loan. At that time, my account was current which is stated by Ocwen in one of my emails. I 'm trying to arrange to pay off my loan and Ocwen says I have a balloon payment of approximately {$12000.00}. I 'm trying to find out how did that happen and where did it come from. Ocwen has yet to tell me how it was incurred. As part of my forbearance agreement with HUD, I had to pay additional monies to get current so I have no idea where it came from. Initially, Ocwen told me that they only purchased the loan and that I would need to speak with HUD to determine where the {$12000.00} came from. Ocwen told me initially that they received the loan from HUD and had no documents on hand. I called the HUD office, located in Oklahoma and they told me they did not sell the loan to Ocwen and did not know who sold it. In fact, they had not owned it since XX/XX/XXXX. So I told Ocwen what HUD stated and asked them to find out who did they purchase the loan from. They responded by saying that they could not verify who they bought the loan from. I 've asked them several questions in regards to my concerns and they never answer my specific question. For example, I ask them to assume that I did not have this balloon payment due, would my principle payoff balance be less than {$5000.00}? According to my amortization schedule, it would be as of XXXX XXXX. They never answered my question. Ocwen has yet to show me how an additional {$12000.00} was incurred. The first email I received stated that there would be " no payments accepted after XXXX XXXX, XXXX ''. Then they changed and stated that as part of some Fresh Start Program, I was granted another 10 years to pay the remaining balance. In a later email they sent me another amortization schedule that ran another 2 years which ends in XXXX XXXX. Why would I want to do that? My last email that I sent, I told them if they could not provide any information of how or when this balloon payment was generated they should remove from my note. I HAVE NOT HEARD BACK FROM OCWEN ON THIS LATEST EMAIL!
Company Response:
State: TX
Zip: 77091
Submitted Via: Web
Date Sent: 2016-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-18
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: OCWEN bank claimed to represent a bank that folded and could n't provide documentation.
Company Response:
State: MD
Zip: 20744
Submitted Via: Web
Date Sent: 2016-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No